U.S. Law Shield saw that the representative often referred to as the “Godfather of Stand Your Ground” in Florida—Rep. Dennis Baxley—has introduced a new bill to make the legal footing for self-defense shooters in the state even firmer. Baxley authored the original “Stand Your Ground” bill in 2005, and it’s worth noting that its core idea has spread to many other states since.
Baxley’s new proposal, the recently introduced HB 169, would put the burden of proof on the prosecution once a prima facie claim of self-defense immunity is raised by the person who fights back against an attack or the threat of an attack.
Kirk Evans, U.S. Law Shield and Texas Law Shield’s president, explained that a person claiming self-defense usually must go before a judge to prove the claim is justified. Under Baxley’s bill and the companion piece of legislation introduced in the Florida Senate by Sen. Rob Bradley (R), the self-defense immunity argument or the “use or threatened use of defensive force” would be bolstered.
Evans said, “If prosecutors fail to prove the defendant did not act in self-defense, a judge could stop the case at the pre-trial hearing stage. Moreover, if dismissed at this stage, defendants may be due up to $200,000 from the state attorney to cover a defendant’s attorney fees, court costs, and other expenses.”
The companion bills would reverse a July Florida Supreme Court decision (Bretherick v. State of Florida) that said the burden at a pretrial hearing is on defendants to show by a preponderance of the evidence that they qualify for the defense.
Evans said the state’s prosecutors and state attorneys oppose the bills, claiming every defendant would now claim self-defense and would also cause the state to prove its case twice. And having to award fees to defendants would seriously burden the budgets of prosecutors and may result in cutbacks and fewer prosecutions, they argue.
Both Rep. Baxley and Sen. Bradley say the presumption of innocence is a basic tenet of the judicial system, and that they simply wanted to clarify and strengthen that for anyone who claims self-defense.
What do you think? Good idea or not? Let us know.
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